News Release
For Immediate Release: 3.19.26
Contact: Peyton Drew, media@firstliberty.org
Direct: 972-941-4453
Catholic Organization Denied Right to Build on Own Property
Appeals to U.S. Supreme Court
Supreme Court asked to clarify and ensure RLUIPA protections for religious organizations from unlawful burdens and unequal treatment.
Washington, DC—Attorneys of First Liberty Institute, Quinn Emmanuel, and Breidenstein Legal Services, LLC filed a petition for writ of certiorari at the Supreme Court of the United States on behalf of Missionaries of St. John the Baptist, Inc. in Kentucky after the Kentucky Supreme Court denied its right to build a modest shrine for quiet prayer and reflection on its own property. The petition urges the Supreme Court to take the case to clarify the proper standards under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) forbidding unlawful burdens on religious land use and requiring religious organizations to be treated equally to similar secular organizations.
You can read the cert petition here.
“Neighbors should not be permitted to wield local zoning laws as a hecklers veto to oppose the cherished traditions of churches,” said Ryan Gardner, Senior Counsel at First Liberty. “Federal law provides clear protections for how faith-based organizations can use their property to support their mission, but courts have weakened and confused that promise. We hope the Supreme Court takes this opportunity to bring much needed clarity over the interpretation of RLUIPA.”
John Bash, partner and co-chair of Quinn Emmanuel’s national appellate practice, said, “Federal law that gives equal protection for religious organizations must never fluctuate with the political views of local governments or the objections of neighbors.”
In March 2021, Missionaries of St. John the Baptist applied for a conditional use permit and variance to construct a small, modest grotto behind a its building in honor of the Virgin Mary’s apparition in Lourdes, France to Saint Bernadette. In Catholicism, a grotto is a sacred, cave-like shrine, often artificial, and built to honor the Virgin Mary or saints. It serves as a quiet space for prayer, reflection, and devotion, symbolizing divine refuge and miracles. These structures can be found in churches, gardens, or even as roadside shrines, creating a focal point for faith and spiritual solace. The church building has resided on the current property for nearly 100 years and predates the adoption of the City of Park Hills’ zoning ordinance in 1974. The Park Hills Board of Adjustment approved St. John’s permit in April 2021 for the construction of the grotto.
Two neighbors adjacent to the property objected and appealed the Board’s decision to Kentucky state court. The trial court rejected the neighbors’ objections, but the Kentucky Court of Appeals reversed on appeal, holding a ban of the grotto did not violate RLUIPA. The Kentucky Supreme Court affirmed that holding last December. We ask the United States Supreme Court to take this case and reverse the decision based on RLUIPA’s substantial burden and equal terms provisions.
The cert petition states: “This case is an ideal vehicle for resolving the Equal Terms conflict… The costs of continued confusion are substantial. As the many cases in lower courts show, local land-use ordinances often treat religious buildings less favorably than other edifices. Municipal planning agencies, religious organizations, and lower courts alike would benefit from a definitive resolution of the standard for establishing an Equal Terms Provision violation. As things stand, the effective scope of a statute meant to provide a uniform national standard for applying land-use restrictions to houses of worship and other religious institutions varies widely by geography.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Peyton Drew at media@firstliberty.org.
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